13 Nov 2015
ORMSBY v VAN SELM [2015] NZHC 2822
- Citation
- [2015] NZHC 2822
- Court
- High Court
Appeal allowed. The Family Court erred by effectively re‑writing the will on fairness/equality grounds. Applying the correct test (minimal redress to remedy breach, taking account of family recognition and demonstrated financial need), the High Court altered the will so the farm vests: Alan 45%, Janine 30%, Tia 25% as the minimum required provision for proper maintenance and support given the egregious breach and the claimants' needs.